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home and may complete the buildings therein already commenced or hereafter to be erected, and keep them in readiness for occupation, with any funds appropriated therefor or that may come into their hands for such purpose, and may pay any existing indebtedness of such corporation which shall be or might become a lien upon such property or any part thereof. The board may make contracts in its name, subject to the approval of the comptroller, for work and materials for the completion of the buildings on such property, the furnishing thereof and of supplies for use and consumption therein, but shall spend no money and incur no indebtedness for such purpose beyond the appropriation previously made therefor by the legislature. It may adopt rules and regulations, subject to like approval, specifying the duties of the officers of the home, the government of its inmates, fixing the terms and conditions of admission thereto and the cause and manner of expulsion therefrom. The board may require and take in its name any security by way of bond or otherwise from any person appointed or elected by it, for the faithful performance of his duties, and for truly accounting for all moneys or property received by him, for or on account of the board of trustees or in the performance of such duties. And the said board shall have power to organize and maintain a band, the same to be paid for out of the maintenance funds of the home, not exceeding six thousand dollars per annum.
§ 62. Sale of liquors at home. The board of trustees, upon complying with the provisions of the liquor tax law, are hereby authorized to sell ale and beer to the members of said home, upon the premises of said home, under such rules and regulations as said trustees shall prescribe, and the provisions of clause one, section twenty-three and clause six of section twenty-nine of said liquor tax law, shall not apply to the New York state soldiers and sailors' home.
§ 63. Disposition of proceeds of sale. The board of trustees shall expend the net proceeds of such sales for the support of the library and reading room of said home and for such other purposes as they shall deem best for the comfort and amusement of the inmates of said home.
§ 64. Admission to home. Every honorably discharged soldier or sailor who served in the army or navy of the United States during the late rebellion, the Spanish-American war or the insurrection in the Philippines, who enlisted from the state of New York, or who shall have been a resident of this state for one year preceding his application for admission, and who shall need the aid or benefit of such home in consequence of physical disability or other cause within the scope of the regulations of the board, shall be entitled to admission thereto, subject to the conditions, limitations and penalties prescribed by the rules and regulations of the board, provided preference of admission be given to veterans of the civil war in case of lack of accommodations. The board of trustees shall require an applicant for admission to such home to file with the application for admission his own affidavit of residence and such affidavit shall be received as prima facie evidence of the residence of such applicant in any action or proceeding against the county of his residence, in which the residence of such applicant shall be material. (As amended by chapter 577 of the Laws of 1911, and chapter 190 of the Laws of 1912.)
§ 65. Transfer of inmates to state hospital. Any soldier or sailor regularly admitted into the home found to be insane, may be transferred by an order of the president and secretary of the board of trustees and the superintendent of the home to any state hospital for the insane, there to remain at the expense of the home until legally discharged, and such expense shall be paid out of the maintenance fund of the home, at the same rate as is charged for the support of the county insane.
§ 66. Annual report. Such board shall, annually, on or before January fifteenth, make to the legislature a detailed report of all its receipts and expenditures and of all its proceedings for the previous year, with full estimates for the coming year, verified by the president and treasurer.
Public Buildings Generally.
§ 80. Fire protection of public buildings. It shall be the duty of each superintendent or chief executive officer of each of the public institutions of the state, supported wholly or partly by the funds of the state, to provide that the following regulations for the protection of the inmates of said buildings and the buildings be complied with: There shall be provided a sufficient number of stand-pipes, with connections or outlets on each floor, to which a length of fire hose shall be attached, to properly protect the entire floor surface. All fire hose must be tested at least once in three months under the direction of the engineer, and employees must be trained in its use. Not less than six portable fireextinguishers for each floor of each building, hand grenades and fire-pails kept constantly filled with water and used for no other purpose shall be provided. Bathtubs shall be kept filled with water during the night and pails ready for use placed near them. Suitable steps must be provided under windows used as exits to fire-escapes and all fire-escapes must be properly inclosed with wire netting. Wards of the state, if physically and mentally able, must be required to occasionally go up and down. the outside iron stairways, which must be provided, in order to become accustomed to their use. If gas is used, the pressure shall be regulated by governor that the flow may be as nearly uniform as possible. All swinging gas gets in closets, clothes-rooms, employees' rooms and in rooms occupied by wards of the state must be protected by wire screens. Gas stoves must be used only when absolutely necessary, and if used must be suitably inclosed with metal. Kerosene oil must not be used for lighting purposes unless the institution is not fully provided with gas or electric lights; and if such oil is used it must be of the highest fire test commercially obtainable. Candles must be used only in an emergency, and on the express authorization of the superintendent or chief executive officer. None but safety matches, or those which can be used only on a specially prepared surface, must be allowed in or about the institution, and, so far as possible,
matches should be dispensed with and electric torches be supplied. All lanterns must be kept outside the buildings used for sleeping purposes, in charge of one person, who must regularly clean, replenish and distribute them. Painters' supplies and inflammable liquids of all kinds must not be stored in buildings occupied by wards of the state or employees. When oil or other inflammable substance is applied to floors, it must be applied only by persons skilled in its application, and all articles used in applying such inflammable material must be carefully destroyed after use. All attics and basements must be constantly kept free from rubbish or articles not necessary to the proper conduct of the institution, and must be regularly swept, cleaned and all broken or needless articles promptly removed.
The moneys necessary to carry out the provisions of this section shall be supplied from the moneys annually appropriated for the maintenance of the above described institutions.
It is the duty of the officials having charge of the buildings of Craig Colony to comply with the recommendations of the State Fire Marshal in regard to protection against fire and its prevention.
The Fiscal Supervisor asks whether a compliance by the superintendent of Craig Colony for Epileptics with section 80 of the Public Buildings Law in regard to fire escapes and other means of protection and prevention is sufficient or must the Colony provide such equipment in addition thereto as the State Fire Marshal recommends.
Section 355 of the Insurance Law, as amended by chapter 453 of the Laws of 1912, provides:
"Section 355. Duties of the state fire marshal and assistants to inspect public buildings. The state fire marshal and his deputies or the assistant state fire marshal under his direction shall at least once a year make an inspection of all the buildings, premises and institutions wherever they may be situated which are owned or controlled by the state of New York or supported in whole or in part by the funds of the state of New York and all other buildings owned or controlled by any county, town or village or other political subdivision of the state of New York or which are supported in whole or in part by the funds of such counties, towns or villages or other political subdivisions except in cities having more than one million inhabitants. He shall cause a report of such inspection to be filed with the board, commission or officer having charge or supervision of such buildings, premises and institutions and
it shall be the duty of said board, commission or officer to comply as soon as possible with the recommendations made by the state fire marshal.
Section 80 of the Public Buildings Law provides in part:
“It shall be the duty of each superintendent or chief executive officer of each of the public institutions of the state, supported wholly or partly by the funds of the state, to provide that the following regulations for the protection of the inmates of said buildings and the buildings be complied with:
Then follow forty lines or more of minute directions as to fire hose, extinguishers, fire escapes, use of inflammable materials and to the prevention of fire generally.
To refer to an earlier opinion on the scope of the Fire Marshal's authority, it was found that the marshal is to enforce all State laws relating to fire prevention. As applied to the Labor Law, it was said that he should enforce the statutes relating to fires as he finds them, and that acting ministerially, he should merely enforce the specific provisions of the statute without adding thereto any regulations of his own. (Attorney-General's report for 1912,
Vol. 2, page 306.)
But the principle laid down there does not have direct application here, for the Fire Marshal Law in section 355 quoted above provides specially for public buildings. Under section 351, the marshal is given general authority to enforce all State laws and the Labor Law is one of these. But as regards buildings of institutions supported by the State, he is given a larger authority to make recommendations.
I am therefore, of the opinion that although section 80 of the Public Buildings Law provides in precise language the kind of protection to be provided, yet by reason of section 355 of the Insurance Law, treating specially of public buildings, the marshal's duty is to see not only that the regulations of the Public Buildings Law are carried out, but to supplement the statute with his own regulations where he deems the statute inadequate.
Dated, October 10, 1912.
TO HON. SAMUEL J. TILDEN, Fiscal Supervisor, State Charities, Albany, N. Y.
Northern New York Institution for Deaf-Mutes, Malone.
AN ACT in relation to the Northern New York Institution for Deaf-Mutes, at Malone, New York.
Chapter 275, Laws of 1884.
Section 1. Institution may receive pupils, etc. The Northern New York Institution for Deaf-Mutes at Malone, is hereby authorized to receive deaf and dumb persons, between the